Ethical theorists often assume that the verb ‘ought’ means roughly ‘has an obligation’; however, this assumption is belied by the diversity of ‘flavours’ of ought-sentences in English. A natural response is that ‘ought’ is ambiguous. However, this response is incompatible with the standard treatment of ‘ought’ by theoretical semanticists, who classify ‘ought’ as a member of the family of modal verbs, which are treated uniformly as operators. To many ethical theorists, however, this popular treatment in linguistics seems to elide an (...) important distinction between agential and non-agential ought-statements. The thought is that ‘ought’ must have at least two senses, one implicating agency and connected to obligations, and another covering other uses. In this paper, I pursue some resolution of this tension between semantic theory and ethical theory with respect to the meaning of ‘ought’. To this end, I consider what I believe to be the most linguistically sophisticated argument for the view that the word ‘ought’ is ambiguous between agential and non-agential senses. This argument, due to Mark Schroeder, is instructive but based on a false claim about the syntax of agential ought-sentences—or so I attempt to show by first situating Schroeder's argument in its proper linguistic background and then discussing some syntactic evidence that he fails to appreciate. Then, I use the failure of this argument to motivate some more general reflections on how the standard treatment of ‘ought’ by theoretical semanticists might be refined in the light of the distinction important to ethical theory between agential and non-agential ought-statements, but also on how ethical theory might benefit from more careful study of the dominant treatment of modals as operators in theoretical semantics. (shrink)

A variety of strategies have been used to oppose the influential Humean thesis that all of an agent’s reasons for action are provided by the agent’s current wants. Among these strategies is the attempt to show that it is a conceptual truth that reasons for action are non-relative. I introduce the notion of a basic reason- giving consideration and show that the non-relativity thesis can be understood as a corollary of the more fundamental thesis that basic reason-giving considerations are generalizable. (...) I then consider the relationship between the generalizability thesis and the Humean thesis that all of an agent’s reasons for action are provided by the agent’s current wants. I argue that, contrary to a common assumption, there is a subtle and clearly motivated version of the Humean thesis that does not deny, and so is not threatened by, the generalizability thesis. (shrink)

Critics often charge that Kantian ethics is implausibly rigoristic: that Kantianism recognizes a set of perfect duties, encapsulated in rules such as ‘don’t lie,’ ‘keep one’s promises,’ etc., and that these rules apply without exception. Though a number of Kantians have plausibly argued that Kantianism can acknowledge exceptions to perfect duties, this acknowledgment alone does not indicate how and when such exceptions ought to be made. This article critiques a recent attempt to motivate how such exceptions are to be made, (...) namely, the constitutive approach developed by Tamar Schapiro. I argue that the constitutive approach is vulnerable to the objection that it is too permissive, justifying many morally dubious exceptions to perfect duties. I conclude by briefly outlining an alternative ‘fine print’ approach to the rigorism objection that appears to avoid the objection leveled at Schapiro’s approach, focusing on how modifying the constituents of agents’ maxims can change the deontic status of an act of a generally impermissible kind. (shrink)

Thanks to recent scholarship, Kant is no longer seen as the dogmatic opponent of suicide he appears at first glance. However, some interpreters have recently argued for a Kantian view of the morality of suicide with surprising, even radical, implications. More specifically, they have argued that Kantianism requires that those with dementia or other rationality-eroding conditions end their lives before their condition results in their loss of identity as moral agents, and requires subjecting the fully demented or those confronting future (...) dementia to non-voluntary euthanasia. Properly understood, Kant’s ethics has neither of these implications. wrongly assumes that rational agents’ duty of self-preservation entails a duty of self-destruction when they become non-rational. further neglects Kant’s distinction between duties to self and duties to others and wrongly assumes that duties can be owed to rational agents only during the time of their existence. (shrink)

T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the (...) "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism. (shrink)

The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.

Tattoos are widely regarded as morally neutral, and the decision to have them as carrying no ethical implications. The aim of this paper is to question this assumption. I argue that decisions to have tattoos involve risks that are not merely prudential—they are normative. The argument starts with a thesis that the power we presently have over our lives is constrained by the need to respect our future selves. If we make a discretionary choice that disregards our future interests and (...) preferences, then, under certain circumstances, we can be morally to blame. I argue that certain decisions to get tattoos fit this description. Therefore, getting some tattoos makes us blameworthy. (shrink)

Though we cherish freedom and equality, there are human relations we commonly take to be morally permissible despite the fact that they essentially involve an inequality specifically of freedom, i.e., parental and fiduciary relations. In this article, I argue that the morality of these relations is best understood through a very old and dangerous concept, the concept of status. Despite their historic and continuing abuses, status relations are alive and well today, I argue, because some of them are necessary. We (...) must therefore carefully specify the conditions in which such status relations may morally obtain, as well as the duties of virtue and duties of right to which all parties are subject when it does (including a duty of care) to clearly articulate the ways in which these putatively moral status relations that essentially involve an asymmetry of autonomy (status relations) can go well or badly even within the context of the Kantian tradition from which our current legal and social practices arose. To this end, I offer Kant's own concept of status as a promising one because in Kant's theory, status is a nexus of virtue and right that is reducible to neither property nor contract but akin to each in familiar ways. Once status is admitted as an alternative to property and contract, status may be extended beyond Kant's domestic paradigm, most perspicuously to institutional ethics. In this article, I sketch a status-based theory of stakeholding that locates environmental impact, institutional oppression, and other significant features of our moral landscape within a Kantian framework of duties rich enough to more accurately characterize the complexities of stakeholding than current tradition has allowed. (shrink)

In a controversial paper, David Seedhouse argues that medical ethics is not and cannot be a distinct discipline with it own field of study. He derives this claim from a characterization of ethics, which he states but does not defend. He claims further that the project of medical ethics as it exists and of moral philosophy do not overlap. I show that Seedhouse's views on ethics have wide implications which he does not declare, and in the light of this argue (...) that Seedhouse owes us a defence of his characterization of ethics. Further, I show that his characterization of ethics, which he uses to attack medical ethics, is a committed position within moral philosophy. As a consequence of this, it does not allow the relation between moral philosophy and medical ethics to be discussed without prejudice to its outcome. Finally, I explore the relation between Seedhouse's position and naturalism, and its implications for medical epistemology. I argue that this shows us that Seedhouse's position, if it can be defended, is likely to lead to a fruitful and important line of inquiry which reconnects philosophy and medical ethics. (shrink)

Modern social orders are legitimized by the ideal of freedom. Most conceptions of this ideal are theorized against the backdrop of nature understood as governed by its own laws beyond the realm of the social. However, such an understanding of nature is now being challenged by the ‘Anthropocene’ hypothesis. This article investigates the consequences of this hypothesis for freedom as an ideal legitimizing social order. We begin by discussing the conception of legitimation, after which we examine three classical notions of (...) freedom (developed by Hobbes, Kant, and Hegel), in light of the Anthropocene. Following our claim that these notions all have severe weaknesses in view of the Anthropocene, we argue that modern social orders are facing a new legitimation crisis. Such a crisis, we suggest, involves a ‘brutalization of social conflicts’, which under the conditions of the Anthropocene assumes the form of geo-social conflict. (shrink)

: Margaret Walker's Moral Understandings offers an "expressive-collaborative," culturally situated, practice-based picture of morality, critical of a "theoretical-juridical" picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the "theoretical-juridical" model, and asks how Walker's approach would apply to several ethical issues, including interaction with (other) animals, social reform and revolution, and basic human rights.

In this paper, I argue that, in his Theory of Moral Sentiments, Adam Smith conflates two different meanings of ?self-command?, which is particularly puzzling because of the central role of this virtue in his theory. The first is the matrix of rational action, the one described in Part III of the TMS and learned in ?the great school of self-command?. The second is the particular moral virtue of self-command. Distinguishing between these two meanings allows us, on the one hand, to (...) solve some apparent paradoxes of the text; and, on the other, to identify various features of both the practical reason and deontological ethical traditions that are present in Smith's sentimentalism, enriching his phenomenological account of moral actions. (shrink)

Philip Cam argues that we need to rise above Smith's fixation on self-interest in economic affairs.

The ongoing cynicism about leaders and organizations calls for a new standard of ethical leadership that we have labeled “transformative leadership.” This new leadership model integrates ethically-based features of six other well-regarded leadership perspectives and combines key normative and instrumental elements of each of those six perspectives. Transformative leadership honors the governance obligations of leaders by demonstrating a commitment to the welfare of all stakeholders and by seeking to optimize long-term wealth creation. Citing the scholarly literature about leadership theory, we (...) identify key elements of the six leadership perspectives that make up transformative leadership, suggest leaders who exemplify each perspective, describe the ethical foundations and message of each perspective, and offer ten propositions that scholars and practitioners can use to test the dimensions of this new transformative leadership model. (shrink)

I argue that democratic citizens have a duty to educate themselves politically. My argument proceeds in two stages. First, I establish a case for the moral importance of individual competence for voting, but also maintain that the substantial content of the required competence must remain open. I do this by way of an assessment of Jason Brennan's provocative defense of epistocracy. I try to show that there is no notion of political competence that can meet with reasonable agreement among citizens (...) and that voter qualification exams are therefore illegitimate. Second, I maintain that the basic premise of Brennan's argument, the right to a competent electorate, is valid and that it corresponds to an individual duty to educate oneself politically. This duty is, in Kant's terminology, a wide and imperfect duty that we owe to our fellow democratic citizens. Yet since the content of competence must be left open, this moral duty cannot be transformed into a legal obligation. (shrink)

Luciano Floridi has proposed that we are on the cusp of a fourth revolution in human self-understanding. The information revolution with its prospect of digitally enhancing human beings opens the door to engineering human nature. Floridi has emphasized the importance of making this transition as ethically smooth as possible. He is quite right to worry about ethics after the fourth revolution. The coming revolution, if it unfolds as he envisions, spells the demise of traditional ethical theorizing.

Kantian moral concepts concerning respect for human dignity have played a central role in articulating ethical guidelines for medical practice and research, and for articulating some central positions within bioethical debates more generally. The most common of these Kantian moral concepts is the obligation to respect the dignity of patients and of human research subjects as autonomous, self-determining individuals. This article describes Kant’s conceptual distinction between dignity and autonomy as values, and draws on the work of several contemporary Kantian philosophers (...) who employ the distinction to make sense of some common moral intuitions, feelings, and norms. Drawing on this work, the article argues that the conceptual distinction between dignity and autonomy as values is indispensable in the context of considering our obligations to those who are dependent and vulnerable. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

An online world exists in which businesses have become burdened with managerial and legal duties regarding the seeking of informed consent and the protection of privacy and personal data, while growing public cynicism regarding personal data collection threatens the healthy development of marketing and e-commerce. This research seeks to address such cynicism by assisting organisations to devise ethical consent management processes that consider an individual’s attitudes, their subjective norms and their perceived sense of control during the elicitation of consent. It (...) does so by developing an original conceptual model for online informed consent, argued through logical reasoning, and supported by an illustrative example, which brings together the autonomous authorisation (AA) model of informed consent and the theory of planned behaviour (TPB). Accordingly, it constructs a model for online informed consent, rooted in the ethic of autonomy, which employs behavioural theory to facilitate a mode of consent elicitation that prioritises users’ interests and supports ethical information management and marketing practices. The model also introduces a novel concept, the informed attitude, which must be present for informed consent to be valid. It also reveals that, under certain tolerated conditions, it is possible for informed consent to be provided unwillingly and to remain valid: this has significant ethical, information management and marketing implications. (shrink)

In the BODY WORLDS exhibitions currently touring the United States, Gunther von Hagens displays human cadavers preserved through plastination. Whole bodies are playfully posed and exposed to educate the public. However, the educational aims are ambiguous, and some aspects of the exhibit violate human dignity. In particular, the signature cards attached to the whole-body plastinates that bear the title, the signature of Gunther von Hagens, and the date of creation mark the plastinates as artwork and von Hagens as the artist (...) in a gesture that strips the personal dignity from the donors. I conclude that the educational use of cadavers is compatible with respect for dignity if: 1) the utility of such use is great enough; 2) there are no other ways of achieving these ends; and 3) every effort is made to honor the dignity of the donors. (shrink)

Social norms are an important input for ethical decisions in any business context. However, the cross-cultural discovery of extant social norms presents a special challenge to international management because norms may be inscrutable to outsiders. This article considers the contribution of Integrative Social Contracts Theory (ISCT) to the analysis of social norms in business ethics. It questions the origins and dynamics of norms from a sociological perspective, and identifies a tension between prescriptive efforts to make norms obligatory and positivist accounts (...) that describe norms as evolving and unstable. In the presence of dynamic and incomplete norms, managers can either deliberate with stakeholders to make norms flexible or codify norms to make them rigid. This essay argues that deliberation is the only reliable method for anticipating emergent norms. (shrink)

Social entrepreneurship is not just an objective description of a phenomenon; it also carries a positive normative connotation. However, the academic discourse barely reflects social entrepreneurship’s inherent normativity and often grounds it implicitly on the mission of a social enterprise. In this paper, we argue critically that it is insufficient to ground social entrepreneurship’s inherent normativity on a social mission. Instead, we will show how such a mission-centric conception of social entrepreneurship, when put into practice, is prone to enhance rather (...) than diminish societal grievances. In order to give social entrepreneurship an explicit and sound ethical grounding, we draw on integrative economic ethics as a frame of reference. From this perspective, social entrepreneurship necessitates adherence to the discourse-ethically reasoned moral principle in order to live up to its inherent normative validity claim of good entrepreneurship. The consideration of social entrepreneurship practices is crucial to make this approach less vulnerable to ethical critique. The addition of a practice dimension overcomes the mission-centric view of social entrepreneurship and opens up a typology of enterprise forms, thereby enabling a more fine-grained distinction between social enterprises and other forms of organization. (shrink)

In this essay I develop a Marxist-informed anticolonialist position, and from this position I assess the role of law in the early Canadian settler-state. I claim that the flexibility of law is a measure of its restitutive and exploitative facets, such facets that operate dialectically as a means of moderating between the settler-state’s liberal democratic ideals and its capitalist imperatives. Law plays an integral role in this context because, by performing this moderating function, it stabilizes the socio-economic order of the (...) emergent settler-state. In the second half of this essay, I enrich my theoretical analysis by examining the variable legal subjectivity of early Ukrainian immigrants to Canada. This historical perspective allows me to illuminate the intricacies of the logic that informs law’s flexibility, and to show how the liberal democratic principle of freedom was—and continues to be—both extolled and compromised by the law’s moderating function. (shrink)

The intense and extensive debate over human embryonic stem cell research has focused primarily on the moral status of the human embryo. Some commentators assign full moral status of normal adult human beings to the embryo from the moment of its conception. At the other extreme are those who believe that a human embryo has no significant moral status at the time it is used and destroyed in stem cell research. And in between are many intermediate positions that assign an (...) embryo some degree of moral status between none and full. This controversy and the respective positions, like the abortion controversy, is by now well understood, despite the lack of progress in resolving it. I have argued briefly elsewhere that early embryos do not have significant moral status, but I do not want to reenter that debate here. Instead, I want to focus on an issue that has had relatively little explicit and separate attention, but is likely to loom larger in light of the Obama administration’s partial lifting of the Bush administration’s restriction on the embryos that can be used in stem cell research that receives federal funding. (shrink)

In this article, we outline a novel approach to understanding the role of responsibility in health promotion. Efforts to tackle chronic disease have led to an emphasis on personal responsibility and the identification of ways in which people can ‘take responsibility’ for their health by avoiding risk factors such as smoking and over-eating. We argue that the extent to which agents can be considered responsible for their health-related behaviour is limited, and as such, state health promotion which assumes certain forms (...) of moral responsibility should be avoided. This indicates that some approaches to health promotion ought not to be employed. We suggest, however, that another form of responsibility might be more appropriately identified. This is based on the claim that agents have prudential reasons to maintain their health, in order to pursue those things which make their lives go well—i.e. that maintenance of a certain level of health is rational for many agents, given their pleasures and plans. On this basis, we propose that agents have a self-regarding prudential responsibility to maintain their health. We outline the implications of a prudential responsibility approach to health promotion. (shrink)

The paper works out an account of the piety proper to philosophical thought. The investigation proceeds as a critical interpretation of three enigmatic claims made by Martin Heidegger about ‘the piety of thinking,’ but the paper is not simply exegetical; the interpretive work is constantly in service of an attempt to think through the phenomenon independently. Plato’s Euthyphro and Nietzsche’s critique of scientific piety both hover in the background of Heidegger’s pronouncements, and they are given special attention here. Through the (...) investigation, philosophical piety is shown to be a virtuous capacity to respond with fitting submission to the truth as what is insurmountably prior to us. To respond fittingly is, at least, to deal well with sameness and difference, which in the case of piety means to recognize two features of our situation: that philosophical questioning necessarily arises out of a fundamental listening, or affirmation, and that we always belong to being but only ever across a gap. (shrink)

I argue that the family remains integral to neoliberal capitalism. First, I identify two tensions in the neoliberals' advocacy of the traditional family: that the ?family values? advocated run directly counter to the homo economicus of the ?free market?; and the fact that the increasingly strident rhetoric of the family belies its decreasing popularity. The implications of these tensions for how we might think of the family, I then propose, suggest that earlier critiques are worth revisiting for what they have (...) to say about the family?whether in biological or in social form?as a structure of ownership. Finally, I conclude with some embryonic thoughts about the ideological role of that state of affairs in shaping at once our understanding of ?politics? and our politics. (shrink)

Many people working in bioethics take pride in the subject’s embrace of a wide range of disciplines. This invites questions of what in particular is added by each. In this paper, I focus on the role of philosophy within the field: what, if anything, is its unique contribution to bioethics? I sketch out a claim that philosophy is central to bioethics because of its particular analytic abilities, and defend its place within bioethics from a range of sceptical attacks.

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

Recent literature on intrinsic value contains a number of disputes about the nature of the concept. On the one hand, there are those who think states of affairs, such as states of pleasure or desire satisfaction, are the bearers of intrinsic value (“Mooreans”); on the other hand, there are those who think concrete objects, like people, are intrinsically valuable (“Kantians”). The contention of this paper is that there is not a single concept of intrinsic value about which Mooreans and Kantians (...) have disagreed, but rather two distinct concepts. I state a number of principles about intrinsic value that have typically (though not universally) been held by Mooreans, all of which are typically denied by Kantians. I show that there are distinct theoretical roles for a concept of intrinsic value to play in a moral framework. When we notice these distinct theoretical roles, we should realize that there is room for two distinct concepts of intrinsic value within a single moral framework: one that accords with some or all of the Moorean principles, and one that does not. (shrink)

Among bioethicists, and perhaps ethicists generally, the idea that we are obliged to respect autonomy is something of a shibboleth. Appeals to autonomy are commonly put to work to support legal and moral claims about the importance of consent, but they also feed a wider discourse in which the patient’s desires are granted a very high importance and medical paternalism is regarded as almost self-evidently indefensible.

Animal models are used in experiments in the behavioural neurosciences that aim to contribute to the prevention and treatment of cognitive and affective disorders in human beings, such as anxiety and depression. Ironically, those animals that are likely to be the best models for psychopathology are also likely to be considered the ones that are most morally problematic to use, if it seems probable that (and if indeed they are initially selected as models because) they have experiences that are similar (...) to human experiences that we have strong reasons to avoid causing, and indeed aim to alleviate (such as pain, anxiety or sadness). In this paper, against the background of contemporary discussions in animal ethics and the philosophy of animal minds, we discuss the views that it is morally permissible to use animals in these kinds of experiments, and that it is better to use less cognitively complex animals (such as zebrafish) than more complex animals (such as dogs). First, we criticise some justifications for the claim that human beings and more complex animals have higher moral status. We argue that contemporary approaches that attribute equal moral status to all beings that are capable of conscious strivings (e.g. avoiding pain and anxiety; aiming to eat and play) are based on more plausible assumptions. Second, we argue that it is problematic to assume that less cognitively complex animals have a lesser sensory and emotional experience than more complex beings across the board. In specific cases, there might be good reasons to assume that more complex beings would be harmed more by a specific physical or environmental intervention, but it might also be that they sometimes are harmed less because of a better ability to cope. Determining whether a specific experiment is justified is therefore a complex issue. Our aim in this chapter is to stimulate further reflection on these common assumptions behind the use of animal models for psychopathologies. In order to be able to draw more definite conclusions, more research will have to be done on the influence of cognitive complexity on the experience of (human and non-human) animals. (shrink)

Aquaculture is the fastest growing animal-production sector in the world. This leads to the question how we should guarantee fish welfare. Implementing welfare standards presupposes that we know how to weigh, define, and measure welfare. While at first glance these seem empirical questions, they cannot be answered without ethical reflection. Normative assumptions are made when weighing, defining, and measuring welfare. Moreover, the focus on welfare presupposes that welfare is a morally important concept. This in turn presupposes that we can define (...) the capacities of fish, which is an empirical undertaking that informs and is informed by ethical theories about the moral status of animals. In this article we want to illustrate the need for a constant interaction between empirical scientific research and ethics, in which both fields of research make their own contribution. This is not a novel claim. However, the case of fish sheds new light on this claim, because regarding fish there is still much empirical uncertainty and there is a plurality of moral views on all levels. Therefore, we do not only want to show the necessity of this interaction, but also the added value of a cooperation between ethicists and empirical scientists, such as biologists, physiologists, and ethologists. We demonstrate this by considering the different steps in the process of reflection about and implementation of fish welfare. (shrink)

Whistle-blowing is generally considered from the viewpoint of professional morality. Morality rejects the idea of choice and the interests of the professional as immoral. Yet the dreadful retaliations against the messengers of the truth make it necessary for morality to leave a way out of whistle-blowing. This is why it forges rights (sometimes called duties) to trump the duty to the public prescribed by professional codes. This serves to hide the obvious fact that whether to blow the whistle is indeed (...) a choice, not a matter of objective duty. One should also notice that if it fails to achieve anything then blowing the whistle was the wrong decision (or maybe the right decision that nobody would want to make). There is nevertheless a tendency to judge it based on the motivation of the whistle blower. In a way, whistle blowers should strive to act like saints. Yet, it is logically impossible to hold both whistle-blowing as mandatory and whistle-blowers as heroes or saints. Moreover, this tends to value the great deeds of a few over the lives of the many, which is incompatible with the basic assumptions of morality. But consistency is not a main feature of professional morality. (shrink)

Many engineering ethics classes and textbooks introduce theories such as utilitarianism and Kantianism (and most others draw from these theories without mentioning them explicitly). Yet using ethical theories to teach engineering ethics is not devoid of difficulty. First, their status is unclear (should one pick a single theory or use them all? does it make a difference?) Also, textbooks generally assume or fallaciously ‘prove’ that egoism (or even simply accounting for one’s interests) is wrong. Further, the drawbacks of ethical theories (...) are underestimated and the theories are also otherwise misrepresented to make them more suitable for engineering ethics as the authors construe it, viz. the ‘moral reasoning’ process. Stating in what various theories disagree would allow the students to frame the problem more productively in terms of motive–consequence or society–individual dichotomies rather than in terms of Kant–utilitarian. (shrink)

Abstract: In this article, I consider some of the similarities and differences between deontologism in ethics and epistemology. In particular, I highlight two salient differences between them. I aim to show that by highlighting these differences we can see that epistemic deontologism does not imply epistemic internalism and that it is not a thesis primarily about epistemic permissibility . These differences are: (1) deontologism in epistemology has a quasi -teleological feature (not shared with moral deontologism) in that it does not (...) require that one abide by epistemic duties for the sake of (and not merely in accordance with) those very duties; and (2) in ethics, the relevant options we speak of are whether someone acts or does not act; in epistemology, we have an analogous further option: we can speak of whether someone believes that p , fails to believe that p , or withholds judgment about that p. (shrink)

Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, and examine (...) the COVID-19 pandemic as an example of public health considerations overriding individual rights. We argue that if fetuses are regarded as persons, then abortion is of such prevalence in society that it also constitutes a significant public health crisis. We show that on public health considerations, we are justified in overriding individual rights to bodily autonomy by prohibiting abortion. We conclude that in a society that values public health, abortion can only be tolerated if fetuses are not regarded as persons. (shrink)

We can address the issue of epistemic luck, the possibility that the world interferes with the activity of believing so as to keep that activity from achieving its aim, by rethinking the aim of that activity. So, if we give up truth, for example, as the aim of belief, and if we embrace a different aim—the aim of believing as my ideal self would have me believe—we can eliminate the possibility of luck and leave the world no room to interfere (...) in the affairs of the activity of believing. All this while at the same time preserving the epistemic’s responsiveness to the world. This way of seeing the epistemic is culled from the work of Kierkegaard’s pseudonyms. (shrink)

Emergence is interpreted in a non-dualist framework of thought. No metaphysical distinction between the higher and basic levels of organization is supposed, but only a duality of modes of access. Moreover, these modes of access are not construed as mere ways of revealing intrinsic patterns of organization: They are supposed to be constitutive of them, in Kant’s sense. The emergent levels of organization, and the inter-level causations as well, are therefore neither illusory nor ontologically real: They are objective in the (...) sense of transcendental epistemology. This neo-Kantian approach defuses several paradoxes associated with the concept of downward causation, and enables one to make good sense of it independently of any prejudice about the existence (or inexistence) of a hierarchy of levels of being. (shrink)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...) themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (shrink)

In 2012, a provincial bill amended the Ontario Education Act to provide more focused measures to eliminate bullying on the basis of sexual orientation. Bill 13 specifically requires that students be allowed to establish gay-straight alliances (GSAs), including in the publicly-funded Catholic school system. The Ontario Catholic School Trustees’ Association responded by proposing an alternative policy, called “Respecting Difference,” on the grounds that GSAs run contrary to Catholic teaching. Respect is a complex ethical notion with a long philosophical history. Through (...) an overview of what philosophers from different traditions (including Kant, Buber, Levinas, Hegel, and Rawls) have said about respect, it becomes apparent that the kind of respect that is due to all persons requires recognition, or a willingness to accept the other as a self-identifying subject who is irreducible to my experience. In its discussion of LGBT students, the OCSTA fails to accord them such recognition, even while it emphasizes the meaning of difference. Consequently, there is reason to conclude that it does not truly respect sexual minority students and that it is not fully committed to eradicating homophobia-based bullying in the Catholic school system. “Respecting Difference” declines to heed best evidence about the factors that actually protect LGBT students from bullying, and uses the guidelines for “Respecting Difference” groups as an opportunity to reinforce its pathologization of LGBT identity itself. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)